Opton v. Guaranty Trust Co.

In June, 1948, the Surrogate’s Court of New York County appointed plaintiff as ancillary administrator with the will annexed of Jacob Benjamins, of Amsterdam, The Netherlands, and he brings this action to recover a sum of money which Benjamins had on deposit with defendant. Defendant admits the deposit but puts in issue the fact of Benjamins’ death and the validity of plaintiff’s appointment. Plaintiff moves for summary judgment.

Plaintiff asserts, without any pretense of personal knowledge, that on June 8, 1943, the German forces then in control of The Netherlands transported his testator,…